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(영문) 대전지방법원 2017.08.17 2017노943
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was only the victim’s contact, and did not inflict an injury on the victim E and F, or assault the victim G.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts: (i) Victim E, F, and G have consistently and specifically stated from the investigative agency to the court of the court below on the background and form of the injury or assault inflicted by the defendant; and (ii) there are no circumstances to suspect the credibility of the statement; (iii) the victim E and F has been issued by the doctor affiliated with the K Hospital on September 7, 2016, with each injury to the victims, including the truth-finding, which requires approximately two weeks of medical treatment from the doctor affiliated with the K Hospital on September 7, 2016, and each injury photograph corresponds thereto; and (iv) the defendant can be recognized as having inflicted an injury or assault on the victims as stated in the judgment of the court below. Accordingly, this part of the defendant’s assertion is without merit.

B. As to the wrongful assertion of sentencing, the lower court determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial at the same time. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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